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U.S. v. LOZANO

No. 06-1424.

514 F.3d 1130 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Cecilia LOZANO, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

January 30, 2008.

Attorney(s) appearing for the Case

Gail Johnson, Haddon, Morgan, Mueller, Jordan, MacKey & Foreman, P.C., Denver, CO, on the briefs, for Defendant-Appellant.

James C. Murphy, Assistant United States Attorney, Denver, CO, (with Troy A. Edi, United States Attorney, on the brief), for Plaintiff-Appellee.

Before HENRY, Chief Judge, and TACHA and KELLY, Circuit Judges.

HENRY, Chief Judge.

Cecilia Lozano, convicted of two drug counts, but acquitted of a drug conspiracy charge, essentially argues that, due to the district court's technical sentencing error, she was entitled to more consideration for acceptance of responsibility than she received. Because the court's technical error "places us in the zone of speculation and conjecture," we remand for resentencing so that the district court...

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